Code of Student Conduct - Section 6: Procedures Relating to Disciplinary Actions

In order to protect student rights, certain procedures are followed with regard to major disciplinary actions. These procedures are developed as suggested or required by law or regulation. School/classroom procedures for administering discipline in areas not covered by these specific procedures are encouraged.

Students in honors, advanced placement, or magnet courses that are expelled or reassigned must be aware that their curriculum will be impacted.

Removal From Extracurricular/Co-curricular Programs

1. Temporary removal of a student from an extracurricular/co-curricular program or activity may be determined by the teacher/sponsor. The principal is to be notified of the action.
2. Permanent removal of a student from an extracurricular/co-curricular program or activity will be recommended by the teacher/sponsor with the final decision to be made by the principal.
3. Parent notification of temporary or permanent removal is mandatory.
4. Upon notification, a parent may, within three days, request a conference with the teacher/sponsor and/or the principal for the purpose of discussing the removal of the student from the extracurricular/co-curricular program or activity.
5. A student may be readmitted to participate in an extracurricular/co-curricular program or activity at any time upon the recommendation of the teacher/sponsor with the final decision by the principal.

Authority Of Teacher

Section 1003.32, Fla. Stat. (2023) – Authority of teacher; responsibility for control of students; and principal duties. – Subject to law and to the rules of the district school board, each teacher or other member of the staff of any school shall have such authority for the control and discipline of students as may be assigned to him or her by the principal or the principal’s designated representative and shall keep good order in the classroom and in other places in which he or she is assigned to be in charge of students.

A teacher may send a student to the principal’s office to maintain effective discipline in the classroom and may recommend an appropriate consequence consistent with the Code of Student Conduct under § 1006.07, Fla. Stat. (2023)

A teacher may remove from class a student whose behavior the teacher determines interferes with the teacher’s ability to communicate effectively with the students in the class or with the ability of the student’s classmates to learn. Each district school board, each district school superintendent, and each school principal shall support the authority of teachers to remove disobedient, violent, abusive, uncontrollable, or disruptive students from the classroom.

Suspension From Transportation Privileges

A student accused of serious or repeated misconduct which is in violation of the Bus Conduct Rules or the Code of Student Conduct, shall be afforded the following due process procedures prior to the suspension of his/her transportation privileges. In emergency situations these procedures may be modified, as long as reasonable efforts are made to provide substantially similar opportunities to due process.

STEP 1: Principal/designee shall inform the student as to the reason(s) for consideration of suspension from transportation privileges for a period of one (1) to ten (10) days.

STEP 2: Principal/designee shall provide the student the opportunity to present his side of the story (either orally or written), and to present his/her witnesses.

STEP 3: The principal/designee shall make a determination based on factual evidence presented. Once the determination to suspend from transportation privileges has been made the principal/designee shall inform the student as to the terms and conditions of the suspension.

STEP 4: Principal/designee reports each suspension from transportation privileges in writing to the parent of the student. The Principal/designee shall make a reasonable effort to notify the parent prior to the start of the suspension. The principal or designee will document the efforts they made to make contact.

STEP 5: The parent may request a conference to discuss the reasons for the suspension of transportation privileges with the principal/designee within three (3) school days of the first notification received by the parent. The principal/designee may sustain or alter the suspension assignment if, in the best interest of the student and the school, the parent agrees to alternative measures or agrees to assist the school in redirecting the student’s unacceptable behavior.

The principal can suspend a student’s transportation privileges for up to ten (10) days at any one time. After the third ten (10) day bus suspension in the same school year or if the principal believes that because of the severity of the behavior a longer bus suspension is warranted, he/she may request that the Superintendent recommend a bus suspension to the School Board. In the case of bus suspensions longer than ten (10) days, the parties will follow the same procedures as alternative placements.

Suspension From School

Suspension, also referred to as out-of-school suspension, is the temporary removal of a student from all classes of instruction on public school grounds and all other school-sponsored activities, except as authorized by the principal or the principal’s designee, for a period not to exceed ten (10) school days and remanding the student to the custody of the student’s parent with specific homework assignments for the student to complete. The principal or the principal’s designee shall make a good faith effort to immediately inform a student’s parent by telephone of a student’s suspension and the reasons for the suspension. The principal or designee will document the efforts they made to make contact. Each suspension and the reasons for the suspension shall be reported in writing within twenty-four (24) hours to the student’s parents by United States mail. Each suspension and the reasons for the suspension shall also be reported in writing within twenty-four (24) hours to the District School Superintendent or designee (§ 1006.09, Fla. Stat. (2023)).

A student accused of serious misconduct which, in the opinion of the principal or his/her designated representative, would require suspension from school as defined by § 1003.01, Fla. Stat., shall be afforded the following due process procedures. In emergency situations, these procedures may be modified so long as reasonable efforts are made to provide substantially similar opportunities for due process.

STEP 1: The student must be told by the principal/designee of the reason(s) for consideration of suspension or expulsion.

STEP 2: The student must be given the opportunity to present his side of the matter either orally or in writing and must have the opportunity to present witnesses to the incident.

STEP 3: The principal/designee shall make a determination as to whether or not the student is guilty of the misconduct and, if so, what the terms of the punishment will be. The student shall be informed of the determination. If the determination is to impose suspension, the notice of suspension shall be in writing.

STEP 4: The principal/designee shall report each suspension in writing to the student's parent and to the Superintendent/designee. The parent(s) shall be provided an opportunity for a conference within twenty-four (24) hours of the effective date of suspension. The report of the suspension shall be mailed within twenty-four (24) hours of the start of the suspension or on the next regular workday. Reasonable efforts shall be made to contact the parent prior to the start of the suspension. If the parent cannot be reached prior to the start of the suspension, the principal/designee may determine that the suspension will start without prior contact with the parent, but continued reasonable efforts to contact the parent shall be made.

STEP 5: The student and parent have a right to schedule an appointment with the principal or his designee upon request of the parent to appeal the discipline imposed. All such requests must be made within three (3) school days of the first notification of suspension that the parent receives. The principal shall have the discretion to reduce or cancel the suspension if it is felt that it would be in the best interest of the student and school to do so.

STEP 6: At the discretion of the principal, a written school behavior contract may be required upon return of the student. The final appeal of the suspension rests with the principal.

Suspension

Questions And Answers

You have a right to attend school and have an opportunity to learn. You can lose that right if you violate the Code of Student Conduct or a school rule. You lose the right by being suspended or expelled.

Q. Who can suspend you?

A. The principal or someone designated by the principal can suspend you.

Q. How long can you be suspended?

A. You can be suspended from school for one (1) school day or up to ten (10) school days.

Q. What happens before a suspension?

A. The principal or designee becomes aware that a student has broken a rule in the Code of Student Conduct or a school rule. He or she will investigate by talking to students, teachers or others who may know something about what happened. Even if you are one of the students who broke the rule, the principal or designee may talk to you as part of the investigation. After talking to everyone that was involved, the principal or designee will determine whom he or she thinks violated the Code of Student Conduct.

Q. What if the principal or designee determines that you violated the Code of Student Conduct?

A. As soon as possible, the principal or designee will talk to you. The administrator will tell you that you have broken a rule in the Code of Student Conduct or a school rule. A discipline referral will be provided to you detailing the infraction and consequences. You will then be told why the administrator thinks that you have violated the Code of Student Conduct. After this happens, you should know what you are accused of doing and what evidence there is that supports the accusations.

Q. What happens next?

A. You will now have an opportunity to tell the principal or designee your side of the story. You can ask that they talk to someone you think may know something about what happened. You can give the principal or designee a written statement to read. After listening to you and reading anything that you have given them, the principal or designee may talk to the people you told them about and anybody else that they need to contact. After that, the principal or designee will decide if you have broken a rule in the Code of Student Conduct or a school rule. If he or she decides that you have broken a rule, they will then decide if you should be suspended from school and how long you will be suspended. You will be told about this decision.

Q. Will my parents know?

A. The principal or designee will try to telephone your parents and let them know about the suspension. If they cannot reach your parents by telephone, then they will write down how many times they tried and what happened. Your parents will be mailed a letter titled Written Notice of Suspension within twenty-four (24) hours of the decision. You will be given a copy of that letter. If you or your parents claim that you did not receive the letter, it will not change the suspension. You will be given another copy of the letter if you request one.

Q. Can you review a suspension?

A. Yes. If your parents want a suspension review, they should notify the principal in writing before your suspension is over. When the principal receives the notice from your parents that they wish for a review, he or she will offer to arrange a conference with your parents. Your parents may prefer to discuss their review with the principal by telephone. If your parents do not notify the principal in writing before the end of your suspension that they want a review, the suspension is final.

Q. What happens at the conference?

A. Your parents (and you if you are present) will discuss with the principal what has occurred. The principal will go over the incident that led to the suspension and review the evidence supporting the suspension. The principal also will review the process that was followed leading up to the decision to suspend you. This will include a review of how you were told about the accusations and the evidence against you, and how you were allowed an opportunity to tell your side of the story.

If you or your parents believe that the school did not follow all of the requirements for suspending you, you must tell the principal exactly what was not done that you believe should have been done. If the principal agrees with your parents that one or more requirements for suspending you were overlooked, the principal can then comply with those requirements at the conference or can start the suspension process from the beginning and go through it again.

Q. When will the principal decide the review?

A. The principal will provide you and your parent with a written decision within five (5) school days of the conference.

Q. Am I suspended during the review?

A. You will continue to serve the suspension until a final decision is made.

Q. What if the suspension was not appropriate?

A. Any record of the suspension will be taken out of your student records, and you will be given the opportunity to make up all schoolwork that you missed, without penalty.

Q. Can I appeal the principal’s decision?

A. Yes. You may appeal the principal’s procedures to the supervisor of the principal in writing. To request a review by the principal’s supervisor, you must notify him or her in writing within five (5) school days of the date of the principal’s final decision.

Q. What will be reviewed on this appeal?

A. This review only concerns whether or not the proper procedures were followed in making the final decision to suspend you. There will be no further investigation or interviews with witnesses to the incident, although the facts of the case will be reviewed.

Q. Do I have schoolwork to complete while I am suspended?

A. Yes. A student who receives out of school suspension will be assigned schoolwork to complete. In addition, it will be your responsibility to request homework assignments from your teacher(s). A suspension is considered an unexcused absence, but you will receive 100% credit for work that is appropriately completed and turned in within one (1) day for each day of

absence except in the case of extenuating circumstances.

Q. May I make up and receive credit for assessments that I miss while I am suspended?

A. Yes. In order to receive full credit, you must make arrangements immediately upon your return to make up the test/assessment at a time and location established by your teacher and/or administrator including but not limited to before school, after school, or at Saturday school. The make-up assessment may be a modified form of the missed assessment.

Q. May I attend extra-curricular events at any regular school?

A. No, while suspended you cannot attend any extra-curricular events at your regular school or any other MCPS related functions in the district.

Alternative Placement

Section 1006.07(2)(k), Fla. Stat. (2023) – Policies to be followed for the assignment of violent or disruptive students to an alternative education program.

Alternative Placement is the temporary removal of a student from all classes of instruction on public school grounds and all other school-sponsored activities, except as authorized by the Coordinator of Student Discipline, for a minimum period of forty-five (45) days and until the student has successfully completed the alternative placement program. The alternative school principal is the person responsible for referring the student back to his/her public school upon completion of the program.

The principal/designee shall fully support the authority of his/her teachers and school bus drivers to remove disobedient, disrespectful, violent, abusive, uncontrollable or disruptive students from the classroom and the school bus when appropriate and available by placing the student in an alternative education setting.

A student’s placement in an alternative education setting shall be in accordance with the rules of the district school board. All incident codes in Level 3 of the Code of Student Conduct may result in the student’s assignment to an alternative educational setting. Students eligible for special education services or accommodations under the Individuals with Disabilities Education Act (IDEA) or Section 504 of the Rehabilitation Act (Section 504) who are placed in an interim alternative educational placement (IAES) have additional and/or supplemental rights and protections under the IDEA, Section 504 and or Title II of the Americans with Disabilities Act (ADA), and State Board of Education Rules. For students with disabilities who violate the Code of Student Conduct, the principal/designee in conjunction with the ESE Director/designee and the Coordinator of Student Discipline/designee, shall consider any unique circumstances, such as the impact of a child’s disability, on a case-by-case basis when determining whether a change in placement, consistent with the requirements and procedures in this rule, is appropriate. Steps 1-8 below for suspension from school will be followed with a recommendation of placement in an alternative program.

STEP 1: The student must be told by the principal/designee of the reason(s) for consideration of suspension and alternative placement.

STEP 2: The student must be given the opportunity to present his side of the matter, either orally or in writing, and must have the opportunity to present witnesses to the incident.

STEP 3: The principal/designee shall make a determination as to whether or not the student is guilty of the misconduct and, if so, what the terms of the punishment will be. The student shall be informed of the determination. If the determination is to impose suspension and alternative placement, the notice of suspension and recommendation of alternative placement shall be in writing.

STEP 4: The principal/designee shall report each suspension/alternative placement in writing to the student’s parent and to the Superintendent or his designee. The parent(s) shall be provided an opportunity for a conference within twenty-four (24) hours of the effective date of suspension. The report of the suspension shall be mailed within twenty-four (24) hours of the start of the suspension or on the next regular workday. Reasonable efforts shall be made to contact the parent prior to the start of the suspension. If the parent cannot be reached prior to the start of the suspension, the principal or his designee may determine that the suspension will start without the prior contact with the parent, but continued reasonable efforts to contact the parent shall be made.

STEP 5: The student and parent have a right to schedule an appointment with the principal, upon request of the parent, to review the evidence and the student’s position. All such requests must be made within three (3) school days of the first notification of suspension/alternative placement that the parent receives.

STEP 6: The principal shall initiate notification of the Superintendent/designee in writing within twenty-four (24) hours or the next regular workday of the imposition of the suspension and of the recommendation of alternative placement.

STEP 7: The district will notify the principal of the alternative school placement, and the principal/designee will notify the parent.

STEP 8: The district will have a committee to review any appeals.

Q. Can I review the alternative placement procedures?

A. Yes. You may request a review of the alternative placement procedures from the Coordinator of Student Discipline. To request a procedures review, you must notify the Coordinator of Student Discipline in writing within five (5) school days of the date of the principal’s final decision.

Q. What will be reviewed?

A. This review only concerns whether or not the proper procedures were followed in making the final decision to suspend/alternatively place you. There will be no further investigation or interviews with witnesses to the incident, although the records will be reviewed.

Q. May I attend extracurricular events at any regular school?

A. No, while alternatively placed you cannot attend any extracurricular events at your regular school or any other regular school in the district. If you attend an alternative school, you may attend extracurricular events only at the alternative school. Students that are alternatively placed during the second and third grading periods (for a minimum of forty-five (45) days) of their Senior year may be allowed to participate in Graduation ceremonies after successfully completing an application process through their base school.

Felony Transfer

Section 1006.09, Fla. Stat. (2023) allows the principal to recommend to the Superintendent the felony transfer of any enrolled student who is formally charged with a felony, or with a delinquent act which would be a felony if committed by an adult, by a proper prosecuting attorney for an incident which occurred on property other than public school property, if the incident is shown to have an adverse impact on the educational program, discipline or welfare in the school in which the student is enrolled. It is the administration’s responsibility to notify teacher(s) that a student has committed a felony. For students with disabilities who violate the Code of Conduct, the principal/designee in conjunction with the ESE Director/designee and the Coordinator of Student Discipline/designee, shall consider any unique circumstances, such as the impact of a child’s disability, on a case-by-case basis when determining whether a change in placement is appropriate.

STEP 1: Determine that the student has been formally charged with a felony (or has been charged with an offense by the court system which, if the student were an adult, would be classified as a felony). District personnel will verify that a student has been formally charged. The Student Discipline Coordinator can determine the need for an emergency transfer bypassing the following steps on a case-by-case basis.

STEP 2: The principal must decide whether or not the student's return would have an adverse impact on the school. A waiver of transfer may be granted in a drug-related situation (see item e below). In other than drug offenses, the principal should consider the relative possibility of harm to the accused student or to others by the presence of the accused student in school. Felony transfer should be used only when the principal perceives a definite adverse impact on staff or other students or on the accused student. If the principal decides to impose a felony transfer, the parent must be notified in writing of:

1. Recommendation for transfer until the determination of guilt or innocence, or dismissal of charges. If the student is found guilty of a felony, the Superintendent shall have the authority to determine if a recommendation for expulsion shall be made to the School Board. If the student is not subsequently adjudicated delinquent or found guilty, the transfer shall be terminated immediately.
2. Specific charges against a student.
3. The right to a hearing:

1. 1. A hearing is conducted in every felony transfer procedure. It is not necessary for the parent to request a hearing. A hearing can be held without the attendance of the parent after proper notification.
   2. The purpose of the hearing is not to determine guilt or innocence. The purpose of the hearing is to determine whether the offense with which the student has been charged would have an adverse impact on the educational program, discipline or welfare of the school. In determining "adverse impact", the principal should consider the nature of the alleged offense (e.g., a student charged with rape, robbery, murder, etc., would probably affect the educational environment more adversely than a student charged with a computer-related crime). The principal should also consider the publicity attendant to the offense or any other circumstances which might either increase or diminish the possibility that the student charged would pose a threat to the students and staff or that continued attendance would pose a threat to the student charged with the felony.
   3. The principal must establish a date for the hearing which shall be not less than two (2) days nor more than five (5) school days from the postmarked date of the notice. The hearing date is established in the initial letter from the principal.

4. Pending the hearing, the student is temporarily suspended by the principal. (Not to exceed ten (10) days.)
5. Conditions under which a waiver of suspension may be granted in the case of unlawful use of an illegal controlled substance:

1. If the student divulges information leading to the arrest and conviction of the person who supplied the controlled substance to him.
2. If he voluntarily discloses his unlawful possession of such controlled substances prior to his arrest.
3. If the student commits himself, or is referred by the court in lieu of sentence, to a state-licensed drug abuse program and successfully completes the program.

6. Students eligible for special education services or accommodations under the Individuals with Disabilities Education Act (IDEA) or Section 504 of the Rehabilitation Act (Section 504) who are placed in an interim alternative educational placement (IAES) have additional and/or supplemental rights and protections under the IDEA, Section 504, and Title II of the Americans with Disabilities Act (ADA), and State Board of Education Rules. A Manifestation Determination and Change of Placement meeting must be scheduled and convened for eligible students whose suspensions for the school year, including suspension for a Felony Transfer, exceeds ten (10) or more days in that school year.

A child with a disability who is removed from his/her current placement must continue to receive educational services so as to enable the child to continue to participate in the general education curriculum, although in an alternate setting, and to progress toward meeting the goals set out in the child’s IEP.

STEP 3: The hearing is conducted by the principal and may be attended by district personnel, the student, the parent, the student’s representative or counsel and any witnesses requested by the student or the principal. The student may speak in his own defense, may present any evidence indicating his or her eligibility for waiver of disciplinary action, and may be questioned on his testimony. The student shall not be threatened with punishment or later punished for refusal to testify. The person conducting the hearing is not bound by courtroom procedure, no testimony and no transcript of the testimony shall be required.

STEP 4: Following the hearing, the principal will provide the student and parent with a decision in writing as to whether or not transfer will be recommended. The Superintendent shall determine, after the administrative hearing, the period of time for transferring the student from the home school. The student shall be immediately enrolled in a day alternative education program.

STEP 5: If the student is adjudicated guilty by the criminal court, the student may be recommended for expulsion or alternative placement through the normal procedure. District personnel should be contacted to confirm the adjudication. Such action by the Superintendent shall not affect the delivery of educational services to students attending a residential or nonresidential program outside the public school.

STEP 6: It is the responsibility of the parent to provide the Coordinator of Student Discipline with any court documents of downgraded or dropped charges once a Felony Transfer has been initiated.

STEP 7: There will be a systematic review of the felony case to determine when the student is eligible to Return to Base. These reviews will take place prior to the end of each quarter. Once approved the student would return to base at the start of the upcoming quarter.

No Contact Order

Students who are found to have committed certain felony offenses against another student are prohibited from attending the same school or riding on the same school bus with the victim or the victim’s siblings. Section 1006.13, Fla. Stat. (2023) makes certain exceptions if the victim or victim’s parents affirmatively state (in writing) that they have no objection to their child attending the same school or riding the same bus as the offender. This requires a “No Contact” order issued by the Court. According to § 1006.13(6)(d), Fla. Stat. (2023) “The offender, or the parents of the offender if the offender is a juvenile, shall arrange and pay for transportation associated with or required by the offender’s attending another school or that would be required as a consequence of the prohibition against riding on a school bus on which the victim or a sibling of the victim is riding. However, the offender or the parents of the offender may not be charged for existing modes of transportation that can be used by the offender at no additional cost to the district school board."

Expulsion

Section 1006.07, Fla. Stat. (2023) - A student accused of a violation of the Code of Student Conduct which, in the opinion of the principal or his designated representative, would require expulsion from school shall be afforded the due process procedure described below. In emergency situations, these procedures may be modified so long as reasonable efforts are made to provide substantially similar opportunities for due process.

STEP 1: The student must be told by the principal or designee of the reason(s) for consideration of the expulsion.

STEP 2: The student must be given the opportunity to present their side of the matter either orally or in writing and must have the opportunity to present witnesses to the incident.

STEP 3: The principal or designee shall make a determination in writing as to whether or not the student is guilty of the misconduct and, if so, what the terms of the punishment will be. The student shall be informed of the determination. If the principal or his designee determines that there are sufficient grounds for expulsion, then the principal or designee shall inform the student that he or she is being suspended from school for ten (10) days and a recommendation that the student be expelled is being forwarded to the School Board through the Superintendent.

STEP 4: The principal or designee shall report in writing to the student's parent that the student has been suspended for ten (10) days and a recommendation that the student be expelled from school has been forwarded to the School Board through the Superintendent. This report shall be mailed within twenty-four (24) hours of the start of the initial ten (10) day suspension or on the next regular workday. Reasonable effort shall be made to contact the parent prior to the start of the suspension. If the parent cannot be reached prior to the start of the suspension, the principal or his designee may determine that the suspension will start without prior contact with the parent.

STEP 5: The principal shall initiate notification of the Superintendent or designee in writing within twenty-four (24) hours or the next regular workday of the imposition of the suspension and of the recommendation of the expulsion. The principal shall include, along with the recommendation for expulsion, a detailed report by the principal or designee on the alternative measures (if applicable) taken prior to the recommendation of expulsion.

STEP 6: If the student's ten (10) day suspension expires prior to the next School Board meeting, the Superintendent shall have the authority to extend the suspension of the student until the next meeting of the School Board. The Superintendent may assign any student suspended to an individually-designated program or other special placement or may continue the suspension.

STEP 7: The Superintendent shall notify the parent in writing that the Superintendent will recommend to the School Board that the student be expelled for a specified period of time. The written notification shall indicate the grounds for recommendation and of the parent's rights.

STEP 8: The parent shall have the right to request a hearing before the School Board takes action on the Superintendent's recommendation for expulsion. This request must be in writing. If a Petition for Due Process is completed and turned in to the Coordinator of Student Discipline by the due date, the parent will be notified of when the hearing will be scheduled.

STEP 9: If the parent does not complete a Petition for Due Process, the School Board may take action thereon as if the parent and child have consented to such action.

Expulsion For Violation Of Zero Tolerance Policy

Section 1006.13, Fla. Stat. (2023) - Students found to have committed one of the following offenses on school property, school sponsored transportation or during a school sponsored activity shall be expelled, with or without continuing educational services, from the student’s regular school for a period of not less than one full year and be referred to the criminal justice or juvenile justice system.

1. Bringing a firearm or weapon, as defined in § 790,001, Fla. Stat. (2023) to school, at any school function, or onto any school- sponsored transportation or possessing a firearm at school.
2. Making a threat or false report defined in § 790.162 and § 790.163, Fla. Stats. (2023), respectively, involving school or school personnel’s property, school transportation or a school-sponsored activity. Even threats or false reports made in jest or exaggeration may be treated as serious threats for purposes of this provision.
3. Assault or battery on any elected official or employee of a school district is in violation of § 784.081(1)(2), Fla. Stat. (2023)
4. Hazing as defined in § 1006.135, Fla. Stat. (2023)

District school boards may assign the student to a disciplinary program for the purpose of continuing educational services during the period of expulsion. District school superintendents may consider the one (1) year expulsion requirement on a case-by-case basis and request the district school board to modify the requirement by assigning the student to a disciplinary program or second chance school if the request for modification is in writing and it is determined to be in the best interest of the student and the school system. If a student committing any of the offenses in this subsection is a student who has a disability, the district school board shall comply with applicable State Board of Education rules.

Any disciplinary or prosecutorial action taken against a student who violates a zero-tolerance policy must be based on the particular circumstances of the student’s misconduct.

The legislature finds that zero-tolerance policies must apply equally to all students regardless of their economic status, race, or disability.

Expulsion From An Alternative School

Marion County students who have been expelled and are allowed to continue their education in an alternative program may have educational services terminated from school should they commit a Level 3 or 4 Infraction while enrolled at the alternative school.

Marion County students who have been alternatively placed in an alternative school may be brought before the Marion County School Board for expulsion should they commit a Level 3 or 4 Infraction while enrolled at the alternative school.

Placement From Another District Or Private School

Students found to have been expelled from another district or private school where a Level 3 or 4 Infraction had been committed will remain expelled through the duration of the original expulsion as defined in § 1003.01, Fla. Stat. (2023). Additionally, students found to have been alternatively placed or felony transferred from another district or private school will remain placed in an alternative setting.

Expulsion

Questions And Answers

Q. Who can expel you?

A. Only the School Board can expel you based upon a recommendation by the Superintendent. The Superintendent will make a recommendation for expulsion only after receiving a recommendation from the principal. The principal will make such a recommendation for expulsion only after having suspended you for ten (10) school days. The principal’s recommendation will contain a detailed explanation of the incident and your record of attendance, academics, and discipline.

Q. Will my parents be notified?

A. You and your parents will be notified in writing if the Superintendent recommends that the School Board expel you. The allegations against you will be explained. You will also be told that you can request a hearing.

Q. What if my parents want to request a hearing?

A. Your parents must submit a written request for a hearing to the Superintendent’s designee, Coordinator of Student Discipline.

Q. Who will conduct the hearing?

A. The School Board hears all Petitions for Due Process that dispute the discipline. The Division of Administrative Hearing will conduct Petitions for Due Process that dispute the facts.

Q. When will the hearing take place?

A. The Superintendent’s attorney will schedule the hearing and notify you and your parents in writing of the date, time and place of the hearing, as well as the pre-hearing conference, if necessary. This will be handled in a timely fashion.

Q. Is the hearing public?

A. The Opportunity to Dispute Discipline Consequences will take place at a School Board Meeting if you are disputing the discipline. If you are disputing the facts, the hearing will be virtual with the Division of Administrative Hearings.

Q. Can I have an attorney at the hearing?

A. You are entitled to have an attorney or other qualified representative provide you with representation. Any fees for such representation will be your parents’ responsibility.

Q. What happens at the hearing?

A. If you are disputing the discipline, you will be granted the opportunity to talk to the School Board for approximately five minutes during your scheduled Opportunity to Dispute Discipline Consequences. If you are appealing the facts, the Superintendent’s attorney will present witnesses and documents to support the charges against you during a scheduled hearing with the Division of Administrative Hearings. Your parents or their attorney will have an opportunity to cross-examine the witnesses and to present witnesses and evidence on your behalf.

Q. Will there be a record of the hearing?

A. An Opportunity to Dispute Discipline Consequences will not be recorded. The Division of Administrative Hearings (DOAH) will provide a certified court reporter for the hearing. The court reporter will take down everything that is said at the hearing. If you want a full or partial transcript of the hearing, you can pay the court reporter to provide one for you. The court reporter may require payment in advance.

Q. What happens after the hearing?

A. At the conclusion of the hearing and after hearing the evidence and arguments of both sides, the School Board will make the final decision on whether or not you should be expelled and, if so, for how long.

Q. How long can the School Board expel me?

A. You can be expelled for the remainder of the current school year and up to one additional school year. Usually, the length of the expulsion is specified by the number of semesters.

Q. May I attend extra-curricular events at my regular school?

A. No, while expelled you cannot attend any extra-curricular events at your regular school or any other regular school in the district. If you attend an alternative school, you may attend extracurricular events only at the alternative school.

Access To Campus And School Events

While students are suspended out of school, alternatively placed, felony transferred, or expelled, they may not enter or remain on any public-school property during the school day or at such time and places including, but not necessarily limited to, school-sponsored events, field trips, athletic functions, and other activities where school personnel have jurisdiction over students. Violations may result in a Level 3 Offense-Trespassing outlined in the Code of Student Conduct and/or a trespassing charge from local law enforcement.

Early Re-entry Of Expelled Students

Following School Board action to expel a student, the student shall have no right to attend public schools in Marion County, Florida unless the School Board, in its sole discretion and acting upon the recommendation of the Superintendent, revokes the existing expulsion based upon an early re-entry plan. Failure of the student to abide by an early re-entry plan shall be grounds for immediate expulsion of the same length or longer than the original expulsion.

It is intended that the procedure to be followed in developing early re-entry plans shall be flexible but shall require a commitment on the part of the student and his/her parent to cooperate with school authorities in reasonably assuring that the behavior which led to the original expulsion will not recur. Early Re-Entry opportunities will be for a return to base in January and August only.

Steps 1-8 listed below must occur prior to re-entry.

Early re-entry plans are to be developed when appropriate, following the procedures described below. The decision to recommend a re-entry shall be the prerogative of the Superintendent and both sending and receiving principal must support the early re-entry. A student must remain at an approved alternative school (i.e., Home School, Marion Virtual, Florida Virtual, New Leaf, PACE, or SRMI) a minimum of one full semester before being allowed to request early re-entry.

Home School requires a successful review of the home school portfolio by a certified teacher through the MCPS home education department and, once the student is accepted back into school, a signed behavior contract.

STEP 1: The parent shall be informed that a request for early re-entry may be considered at the time that they are notified of official Board action concerning the expulsion of the student. The notice shall indicate that such a request must be initiated by the parent and made to the Student Discipline Department to the attention of Coordinator of Student Discipline by the date specified on the certified mail sent with the order of expulsion.

STEP 2: If the Department receives the request for re-entry, a member of the staff shall review the record of expulsion, other school records relating to the performance of the student, and consult with appropriate personnel concerning the grounds for expulsion and circumstances leading to the recommendation for expulsion as well as the opinions of appropriate school personnel concerning the probability of success of an early re-entry plan.

STEP 3: After review of this information, the representative of Student Discipline may schedule a staffing meeting to consider the request if there is reason to believe that early re-entry would be in the best interest of the student and that a reasonable expectation of an early re-entry would not adversely impact the health, safety, and welfare of others.

STEP 4: The Staffing Committee shall include appropriate school personnel and others including but not limited to the principal who originally recommended the expulsion or his designee; a representative of the Superintendent; appropriate school- based staff; a representative of Student Discipline; the parent; and the student.

STEP 5: During the staffing meeting an attempt shall be made to develop a written early re-entry plan which shall detail the conditions for re-entry at school. Re-entry plans must be reasonable and realistic in demands placed upon the student and at the school and achievable by both parties. The re-entry plan shall include:

1. Decisions of the student relative to his/her future conduct. Such a statement shall reflect the student's commitment in his/her own words that he/she will follow the rules of conduct established by the school.
2. Requirements developed in the staffing conference may include but are not limited to evaluation by the Department of Student Discipline, contact with a community agency (where appropriate), counseling, completion of special schoolwork, and such requirements as may be deemed reasonable to assure that the misconduct leading to expulsion will not recur. The entry requirements shall not include those which would cause negative feelings toward the instructional program but may include special classes or transfer of schools or assignments.
3. A listing of any adjustments to the student program of study or school day or a special assignment.
4. A statement by the school citing the resources which will be utilized to assist the student in his/her re-entry to school.
5. A statement relative to procedures or actions to be taken in the event the agreement between the school and student is broken.
6. An indication from the parents that they understand and accept the conditions set forth in the re-entry plan.

STEP 6: Following completion of the re-entry plan which is acceptable to the school administrator who will be responsible for supervision of the student, the plan shall be submitted to the Superintendent or his designee for review and approval. If approved, the Superintendent shall recommend early re-entry of the student to the School Board.

STEP 7: Parent and student are required to attend the School Board Meeting at which the recommendation for re-entry is before the Board.

STEP 8: If the School Board approves the early re-entry of the student, the parents will be notified of the approval and, in accordance with the re-entry plan, the student may then re-enter public school. The School Board may implement a behavior contract as a condition to re-entry.

Reports To Law Enforcement Agencies

The School Board views disruptive and criminal acts, and those which may affect the health, safety and welfare or pose a serious threat to those on a school campus as extremely serious in nature. In addition to disciplinary action administered at the school level, certain acts are expected to be reported to law enforcement as required by the State Attorney’s Office. The actions of law enforcement do not dictate the corrective measure enforced by the school.

Reports To Department Of Children And Families (DCF)

All employees of the District have the responsibility to report all actual and suspected cases of child abuse, abandonment or neglect; and the responsibility to comply with child protective investigations and all other provisions of law related to child abuse, abandonment or neglect. All employees of the District shall have immunity from liability if they report such cases in good faith.

Abuse is defined as “any willful act or threatened act that results in any physical, mental, or sexual injury or harm that causes or is likely to cause the child’s physical, mental or emotional health to be significantly impaired.”